Pinnacle Charter School Headed to Court

August 26, 2013 Updated Aug 27, 2013 at 4:20 PM EDT

By WKBW Admin

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August 26, 2013 Updated Aug 27, 2013 at 4:20 PM EDT

BUFFALO (WKBW) After a meeting with State Education officials Monday afternoon and a school board meeting at night, the fate of Pinnacle Charter School is now up to the courts to decide.

Legal action is now the last hope to keep Pinnacle Charter School in Buffalo open.

State Education officials are standing by their decision to close the school, based on low performing test results, just a week before classes begin.

That is now being met by a lawsuit on behalf of the school.

"Right now, Pinnacle does not have a charter and it does not have any legal protection. These children are subject to complete and utter uncertainty," Lisa Coppola, the attorney representing the school in this case, said Monday night.

That uncertainty applies to parents like Donnie Signleton, whose son is in 5th grade at Pinnacle.

"I went to buy a new car and I had to call the dealer after getting the news yesterday, yesterday is when I got this news, I had to call him and say you know what, I have to wait, I have to invest in my child's education," she said.

Attorneys for the school plan to present data on the turnaround at Pinnacle, how well it compares to surrounding schools, alongside parental petitions and an argument that closing the school with such short notice does harm to its students.

"A focus of our efforts, a focus of the efforts of the trustees of this school is to protect the kids, who expected to come to school here on September 4th and were told after Friday at five o'clock that that's not to be the case anymore," Coppola added.

If closed, the 560 students would have to be transferred to other K-8 schools, primarily in the Buffalo Public District.

Superintendent Pamela Brown expressed in a statement her willingness to help place the students in schools this year, despite Buffalo's existing problem of accommodating transfer requests.

Formal litigation in the Pinnacle case is expected to be presented Wednesday morning.